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Table of Contents UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON , D.C. 20549 FORM 10 - K ANNUAL REPORT PURSUANT TO SECTION 13 OR 15 ( d ) OF THE SECURITIES EXCHANGE ACT OF 1934 TRANSITION REPORT PURSUANT TO SECTION 13 OR 15 ( d ) OF THE SECURITIES EXCHANGE ACT OF 1934 Delaware ( State of Incorporation ) For the fiscal year ended December 31 , 2020 or OBALON THERAPEUTICS , INC . ( Exact Name of Registrant as Specified in Its Charter ) Title of Each Class Common Stock , $ 0.001 par value per share Large accelerated filer Non - accelerated filer For the transition period from to . Commission File Number : 001-37897 5421 Avenida Encinas , Suite F Carlsbad , California ( Address of Principal Executive Offices ) ( 760 ) 607-5164 ( Registrant's Telephone Number , Including Area Code ) Securities registered pursuant to Section 12 ( b ) of the Act : Trading Symbol ( s ) OBLN Securities registered pursuant to Section 12 ( g ) of the Act : None Indicate by check mark if the registrant is a well - known seasoned issuer , as defined in Rule 405 of the Securities Act . Yes Indicate by check mark if the registrant is not required to file reports pursuant to Section 13 or Section 15 ( d ) of the Act . Yes No X No Indicate by check mark whether the registrant : ( 1 ) has filed all reports required to be filed by Section 13 or 15 ( d ) of the Securities Exchange Act of 1934 during the preceding 12 months ( or such shorter period that the registrant was required to file such reports ) , and ( 2 ) has been subject to such filing requirements for the past 90 days . Yes > No 26-1828101 ( I.R.S. Employer Identification No. ) □ 区 92008 ( Zip Code ) Indicate by check mark whether the registrant has submitted electronically every Interactive Data File required to be submitted and pursuant to Rule 405 of Regulation S - T during the preceding 12 months ( or for such shorter period that the registrant was required to submit such files ) . Yes > No Name of Each Exchange on Which Registered The Nasdaq Stock Market LLC Indicate by check mark whether the registrant is a large accelerated filer , an accelerated filer , a non - accelerated filer , a smaller reporting company , or an emerging growth company . See the definitions of “ large accelerated filer ” , “ accelerated filer , ” “ smaller reporting company , " and " emerging growth company " in Rule 12b - 2 of the Securities Exchange Act of 1934 . Accelerated filer Smaller reporting company Emerging growth company ■ XX If an emerging growth company , indicate by check mark if the registrant has elected not to use the extended transition period for complying with any new or revised financial accounting standards provided pursuant to Section 13 ( a ) of the Exchange Act . | Indicate by check mark whether the registrant has filed a report on and attestation to its management's assessment of the effectiveness of its internal control over financial reporting under Section 404 ( b ) of the Sarbanes - Oxley Act ( 15 U.S.C. 7262 ( b ) ) by the registered public accounting firm that prepared or issued its audit report . Indicate by check mark whether the registrant is a shell company ( as defined in Rule 12b - 2 of the Exchange Act ) . Yes No The aggregate market value of the voting and non - voting common equity held by non - affiliates was $ 4.3 million , based on the closing price of the Registrant's common stock of $ 0.71 as reported by The NASDAQ Global Market as of June 30 , 2020. This calculation does not reflect a determination that certain persons are affiliates of the Registrant for any other purpose . The number of shares of common stock held by non - affiliates excluded 1,623,643 shares of common stock held by directors , officers and affiliates of directors . The number of shares owned by affiliates of directors was determined based upon information supplied by such persons and upon Schedules 13D and 13G , if any , filed with the SEC . Exclusion of shares held by any person should not be construed to indicate that such person possesses the power , direct or indirect , to direct or cause the direction of the management or policies of the Registrant , that such person is controlled by or under common control with the Registrant , or that such persons are affiliates for any other purpose . Total shares of common stock outstanding as of the close of business on March 4 , 2021 was 10,020,068 shares . DOCUMENTS INCORPORATED BY REFERENCE Certain information required to be disclosed in Part III of this report is incorporated by reference from the registrant's definitive Proxy Statement for the 2021 Annual Meeting of Stockholders , which proxy statement will be filed not later than 120 days after the end of the fiscal year covered by this report .